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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 71132
Experience:  Over 5 years in practice
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my grandparents set up a 'deed of trust' for their property

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my grandparents set up a 'deed of trust' for their property in 1990 and 1 of their children and 4 grandchildren were the benficaries of the trust. on the death of my grandmother in 2013 the executor of her will (daughter) has told us the deed was not valid and my grandmothers 'Will' is now the express wishes in which she receives 80% of the estate instead of 50%.
is this the case?
Thank you for your question. My name is ***** ***** I will try to help with this.
Why is the deed not valid?
Can we have as much background detail as you have please?
Customer: replied 3 years ago.

i'll attach the document for you to have a look at and the subsequent will

my aunt said from her email she sent me '

The solicitors did a search through the Land Registry but no trust was set up. I certainly don't remember my parents setting up any trust. Apparently if you do a 'deed of trust' you have to set up a trust and Nan would need to pay into the trust. No trust was traced when the search was done through the Land Registry.

So Nan was still the owner of the house legally.

There was a problem with the 'deed' from the start and that's why it has taken so long for everything to be completed.

The solicitor then used Nan's will to sort out the estate as she was still the owner of the property. Nan made a Will in 1996 which supercedes the deed of trust . The Will was her expressed wish of how she wanted to distribute the estate.'

thanks, ***** ***** your reply

Carl Sarrou

deed of trustwill part 1 of 4will part 2 of 4will part 3 of 4will final part of 4

There is no need to register the deed of trust for it to be effective.
The trust deed was perfectly valid at the time it was executed
It is clause 1 of the trust deed which is problematical.
It says that Antonios and Marou whole the property on trust during their lifetime and then on either of their their death they appoint Marina to have the deceased’s share, and on the death of this is either to hold it on trust for herself (half) and Laura, Carl, Mariam and Mark.
The will then gives Marina 80% of the whole estate. That conflicts with the earlier deed of trust although it doesn't actually mention the house specifically.
Will does say (as they always do) in the 2nd paragraph on the 1st page that it revokes all former wills and testamentary dispositions.
The issue therefore is whether it revokes the deed of trust.
In my opinion it doesn't and in my opinion Marina still has 50% of*****but has 80% of everything else.
Clearly, Marina interprets it differently as does her lawyer (as you would expect) and is unless you can come to some compromise, this is something that you would have to have determined by a judge in court.
Can I clarify anything for you?
Customer: replied 3 years ago.

do you think that i have a good case to challenge her?

if so is it a lengthy/costly process?

Court is never risk-free and it’s never cheap. This could easily cost the loser as much as £10,000 or even more in court and solicitors costs.
Before taking the matter to court I would get advice from a barrister (Chancery Counsel) as to the chance of success. If the barrister gives it a 60% chance of success, as you may be able to arrange after the event insurance which would pay for the legal costs in the event that the litigation is not successful.
It could easily be between 12 months and 2 years before it got to court
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